Gay adoption inaction riles rights groups

The NSW Govt says there is a lack of community support for gay adoption.

Asif Akbar: stock.xchng

Legal experts and human rights groups have slammed the New South Wales Government over its decision not to allow same-sex couples to adopt children.

While gay couples can adopt in some Australian states, the NSW Government says the issue is too complex and sensitive and it will not be changing the law, at least for now.

But the decision has renewed calls for a national approach to adoption.

A six-month parliamentary inquiry found allowing same-sex couples to adopt would be in the best interests of children.

Despite many children being cared for by same sex couples, the state Minister for Community Services, Linda Burney, says there is not enough community support to change the law.

"What I am saying to those couples is this discussion needs to continue. At this stage we're not pursuing legislation," Ms Burney said.

"But I do want further discussion. I do want further community education and understanding around this issue, because at the end of the day it is about a child growing up in a loving, caring relationship and that's what's important."

There is a quirk in the law, however, as single gay men and women are allowed to adopt, and gay couples are allowed to foster children.

Kellie McDonald, the co-convenor of the NSW Gay and Lesbian Rights Lobby, says adoption is the last piece of legislation in the state that still discriminates against same-sex couples and their families.

"The primary concern should be what are the best interests of the children, and the Government has recognised that," she said.

"It shouldn't be pandering to other groups' opinions if they believe that these reforms would be in the best interest of the child."

Calls for national approach

A leading human rights and anti-discrimination lawyer, Wayne Morgan, says there are human rights attached to family life.

"This is set out in a number of international covenants, in the human rights legislation that we have in some states and territories in Australia," he said.

"Children suffer when they do not have two legally recognised parents, so I would say this adoption rights issue is a human rights issue.

"Not in and of itself, but in terms of the human right to a family and in terms of the best interests of the child."

Mr Morgan dismisses the suggestion the NSW community is not ready for same-sex adoption.

"Surveys reflect that the average Australian thinks gay men and lesbians should be allowed to marry, to adopt, indeed, be allowed to make use of artificial reproductive technologies to have their own children," he said.

"So given that level of acceptance in the community, this scaring of horses, I would ask, well, what horses are we scaring?

"I would challenge the NSW Government, or any government, to put forward a valid, rational reason as to why the reforms should not go ahead."

There are now growing calls for the Federal Government to take over adoption laws.

A spokesman for the Australian Coalition for Equality, Corey Irlam, says there is inconsistency across the country because there is adoption protection in Tasmania, the ACT and Western Australia.

"Victoria and NSW have this as a live issue by referring it for a national approach," Mr Irlam said.

"But from a child's perspective, it shouldn't matter which state they live in, they should be entitled to a loving and legal recognition of two parents."